Clutchette v. Enomoto, 71-2357
Decision Date | 23 June 1976 |
Docket Number | No. 71-2357,71-2357 |
Citation | 536 F.2d 305 |
Parties | John Wesley CLUTCHETTE et al., Appellees, v. Jerry J. ENOMOTO 1 et al., Appellants. |
Court | U.S. Court of Appeals — Ninth Circuit |
William D. Stein, Deputy Atty. Gen. (argued), San Francisco, Cal., for appellants.
William Bennett Turner (argued), San Francisco, Cal., for appellees.
Before TUTTLE, * HUFSTEDLER and KILKENNY, Circuit Judges.
Insofar as our opinions in Clutchette v. Procunier (9th Cir. 1974) 497 F.2d 809, and Clutchette v. Procunier (9th Cir. 1975) 510 F.2d 613, are inconsistent with Enomoto v. Clutchette, sub nom. Baxter v. Palmigiano (1976) --- U.S. ----, 96 S.Ct. 1551, 47 L.Ed.2d 810, we vacate our prior opinions.
The cause is remanded to the district court for further proceedings consistent with Baxter v. Palmigiano, supra.
1 Heretofore Clutchette v. Procunier. The current Corrections Director, Enomoto, has been substituted for the former director, Procunier.
* Honorable Elbert P. Tuttle, Senior Judge, Fifth Circuit, sitting by designation.
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